(1) They voluntarily appear before the people's government; admit their guilt, and sincerely repent of their crimes;

(2) Before the discovery or investigation of a crime or after it they frankly confess to what they have done and are sincerely repentant and by their selfless work atone for the crime;

(3) They commit a crime not by their own desire, but as a result of intimidation or deception on the part of the counterrevolutionary elements;

(4) Their counterrevolutionary crime, which was committed before liberation of the country, is not serious and if after liberation they completely repent and break off relations with counterrevolutionary organizations.

ARTICLE 15

The prison terms of persons who have committed several crimes-none of which is punishable by the death penalty or life imprisonment-must in the aggregate be less than the total of all the penalties, but greater than that provided for the most serious of the crimes committed.

ARTICLE 16

Persons who have committed other crimes for counterrevolutionary purposes that are not specified in this Statute are subject to the punishment applicable to the crimes which most closely resemble those specified in this Statute.

ARTICLE 17

Persons who have committed crimes specified in this Statute will be deprived of political rights and their property, wholly or in part, confiscated.

ARTICLE 18

This Statute is also applicable to counterrevolutionary crimes committed before it came into effect.

ARTICLE 19

Anyone may expose a counterrevolutionary crime and secretly report on it to the people's government. However, false accusations and slander in this regard are not permitted.

ARTICLE 20

The affairs of persons who have committed crimes specified in this Statute while military administrative committees are functioning are subject to consideration by military tribunals set up by the headquarters of military districts, military administrative committees, or organizations combatting banditry.

ARTICLE 21

This Statute shall come into force on the day it is confirmed and published by the Central People's Government Council.

EXHIBIT C

THE PROVISIONAL REGULATIONS FOR THE PRESERVATION OF STATE SECRETS OF THE PEOPLE'S REPUBLIC OF CHINA

One of the arguments advanced in support of normalizing relations with the People's Republic of China is that such a step would facilitate travel to that country by American citizens and that personal presence on the mainland will enable the scholar, official, or businessman to gather much-needed information on the present state of affairs there. A survey of the little-known Provisional Regulation for the Preservation of State Secrets1 (promulgated by the Government Administrative Council on June 8, 1951, by order of Premier Chou En-lai) weakens the force of this argument and, further, reveals the risk involved in attempting to gather information on mainland China.

1 Provisional regulations governing the protection of state secrets, in Chung yang jen min cheng fu fa ling hui pien [Collection of Laws and Decrees of the Central People's Government], Vol. II, Peking: Jen min ch'u pan she, 1953, p. 19-22.

Article 2 of this reguation lists 17 categories of information that constitute state secrets. The categories are extremely broad and vague, and the final category is the catch-all phrase "other state affairs that are required to be kept secret." Since, under a Communist system, the state permeates all phases of life, there is almost nothing in Communist China which cannot be considered to be a state secret. By the provisions of Article 5, personnel of all grades of people's governments, armed units, democratic parties, mass organizations, organs, schools, factories, enterprises, mines, and warehouses are charged with the responsibility of strictly preserving state secrets. This list exhausts the categories of persons with whom an American would likely come in contact on the mainland. Any one of them could accuse him of attempting to discover or prompting another to disclose a state secret if he appears to be probing for information. Or, a Chinese who inadvertently disclosed to an American information considered to be a state secret could be charged under the provisions of this regulation. Article 13 of the regulation specifies that selling or deliberately revealing state secrets shall be considered a counterrevolutionary offense and shall be punished in accordance with the Regulations for the Punishment of Counterrevolutionaries, which calls for death or life imprisonment in most instances. Article 15 stipulates that "persons who disclose state secrets or lose state secrets through carelessness shall be punished according to the circumstances of the case."

Order of the Government Administrative Council (GAC) of the Central People's Government. These Provisional Regulations for the Preservation of State Secrets passed at the eighty-seventh meeting of this council have been ratified by the chairman and are hereby promulgated for enforcement. Signed Premier Chou En-Lai dated June 8, 1951.

PROVISIONAL REGULATION FOR THE PRESERVATION OF STATE SECRETS

Article I. These regulations are enacted for the purpose of strictly preserving state secrets of the People's Republic of China, of preventing spies, counter revolutional elements in subversive elements inside and outside the country from prying into, stealing, and selling state secrets and of guarding against revelations and loss of state secrets by all personnel.

Article II.-State secrets shall mean the following:

1. All national defense and military plans in military construction measures. 2. Secrets concerning the organization, unit identification, actual strength, equipment, garrison posts, transfer and deployment of all kinds of armed units as well as concerning rear service munitions work.

3. Foreign relations secrets.

4. Public security secrets.

5. State financial plans, state budgetary estimates, budgets and financial statements as well as financial secrets.

6. State monetary plans, customs plans, as well as secrets concerning monetary trade and customs affairs.

7. Secrets concerning railways, communications, postal service and telecommunications.

8. State economic construction plans and secrets concerning economic construction work.

9. Secrets concerning survey of resources, geological survey, meteorological forecasts and geographical survey.

10. Secrets concerning scientific new inventions and discoveries, culture, education, hygiene and medicine.

11. Secrets concerning legislative, judicial, supervisory and control affairs. 12. Secrets concerning affairs of nationalities and overseas Chinese.

13. Secrets concerning internal organization and personal affairs.

14. Archives, secret codes, seals and all kinds of documents, telegrams, correspondence, reference materials, statistics, figures, charts, books, etc., relative to state secrets.

15. All organizations, warehouses and premises relative to state secrets. 16. All state affairs not yet decided upon or decided upon but not yet promulgated.

17. Other state affairs that are required to be kept secret.

Article III.-Concrete items and general scope of state secrets shall be decided upon and promulgated by the state administrative council of the Central People's Government in the case of those relative to administration and by the People's Revolutionary Military Council of the Central People's Government in the case of those relative to national defense and military affairs. In case local preserva

tion of secrets is specifically called for supplementary provisions may be made by local governments and reported to superior organs for file.

Article IV.-All grades of people's governments and armed units are required to set up security organizations to take charge of security work under organizational rules to be separately provided.

All democratic parties and groups, peoples, bodies, organs, schools, factories, enterprises, mines and warehouses may according to their respective needs establish a state secret preservation system and security organization.

Article V.-Personnel of all grades of people government, armed units, democratic parties and groups, peoples, bodies, organs, schools, factories, enterprises, mines and warehouses must strictly preserve state secrets. In accordance with specific conditions, all organizational units should from time to time conduct necessary propaganda and education among the masses concerning the preservation of state secrets. In regard to places where great secrecy should be maintained, the people may be organized by local governments to take security measures and security compacts may be signed and carried out through mutual supervision.

Article VI.-Working personnel in charge of and undertaking the preservation of state secrets must be really reliable ones fully and strictly examined and selected by the personnel departments.

Article VII-A close control and check system must be established and necessary material equipment supplied in connection with the copying, correlating, printing, sealing, mailing, delivery, reading custody, destruction and filing of telegrams, documents, reference materials, statistics relative to state secrets. Article VIII.-In the case of important conferences, the attending personnel should be determined according to work needs and should be subject to screening and approval by a definite organ. Strict check and security education must be conducted in regard to personnel assisting in the work of the conference. Guards must be closely posted around conference halls. Documents of the conference must be examined and approved by persons in charge before printing and distribution and should be recalled after the conference unless permission has been granted and may not be copied without permission. Even documents which need not be handed back must be clearly recorded. No individual person may take minutes without permission. It is not permitted to disclose to outside persons proceedings of the conference. When the proceedings of the conference require to be circulated then it is necessary to appoint special persons to take charge of circulating the documents and also necessary to determine the contents of the documents to be circulated and the person who will receive the documents. Article IX.-Secret codes used by all grades of People's Government shall be compiled under a unified plan and approved for use by the GAC of the Central People's Government and the security departments of the Administrative Regions People's Government (MAC). The secret code used by all grades of armed units shall be compiled under a unified plan and approved for use by the People's Revolutionary Council of the Central People's Government and the security departments of first grade military district commands and field army headquarters.

Article X.-In case of various grades of People's Governments and armed units find it necessary to set up radio stations, the government must report the matter grade by grade to the GAC of the Central People's Government or the Administrative Regions People's Government (MAC) for approval. The military must report the matter grade by grade to the central staff of the People's Revolutionary Military Council of the Central People's Government or the first NSIEN military-district command or field army headquarters for approval.

Article XI.-In regard to publications and reporting of news, articles and reference materials relative to state secrets, measures for publication shall be worked out under a uniform plan by the GAC of the Central People's Government in the case of those falling within the scope of administration and by the People's Revolutionary Military Council of the Central People's Government in the case of those falling within the scope of military affairs.

All news articles and reference materials published in newspapers and magazines and broadcast by radio stations shall not divulge state secrets. All news agencies, newspapers, broadcasting stations and publishing agencies should formulate security and examination measures in connection with publications of news articles and reference materials.

Article XII.-All publications put out by the organizational units in the administrative system are subject to approval respectively of the GAC of the

Central People's Government and the Administrative Regions People's Government. All publications put out by the organizational units in the military system are subject to approval respectively of the general staff and the general political department for the People's Revolutionary Military Council as well as of the first grade military district commands or headquarters and political department of field army. The above publications may not publish state confidential documents or disclose state secrets and should be subject to security examination by the competent authorities before printing.

Article XIII.-Any of the following acts shall be condemned as counter revolutionary and shall be punished in accordance with the regulations for the punishment of counter revolutionaries.

1. Selling state secrets to enemies inside and outside the country.

2. Deliberately revealing the state secrets to enemies inside and outside the country.

3. Selling state secrets to unscrupulous merchants inside and outside the country.

Article XIV.-Persons who utilize state secrets for speculation in profit making purposes shall be delivered to judicial organs or military tribunal.

Article XV.-Persons who disclose state secrets or lose state secrets through carelessness shall be punished according to circumstances of the case.

Article XVI.-Any of the following merits shall be commended or rewarded. 1. Preserving state secrets heroically and unyieldingly before the enemy.

2. Preserving state secrets under critical circumstances and in defiance of difficulties and dangers.

3. Timely denunciation of elements who make illegal use, sell and steal state secrets and breaking such cases.

4. Timely taking remedial measures on discovery of loss and revelation of secrets.

5. Consistently carrying out the security system and persuading others to preserve state secrets with marked success.

Article XVII.-The supervisory organs of all grades of People's Governments should take supervision over preservation of state secrets as one of their regular tasks.

Article XVIII-Various organizational units may formulate concrete measures for enforcement on the basis of these regulations.

Article XIX.-These regulations shall be passed by the GAC of the Central People's Government and promulgated for enforcement after approval by a chairman of the Central People's Government.

Article XX.-The right of interpretation and right of revision of the regulational shall belong to the GAC of the Central People's Government.

EXHIBIT D

A COMPARISON OF CERTAIN ASPECTS OF THE 1954 CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA AND THE DRAFT OF THE REVISED CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA

In the latter months of 1970, intelligence sources of the Republic of China clandestinely obtained from mainland China a copy of the "Draft of the Revised Constitution of the People's Republic of China,"1 which purportedly was a product of the Second Plenary Session of the Ninth Central Committee of the Chinese Communist Party held from August 23, to September 6, 1970. Although no mainland source has made mention of the existence of such a draft constitution, the copy made public by the Republic of China is widely believed to be authentic. Some months after the publication of the draft constitution, intelligence sources in Taipei obtained a copy of the preamble, to the draft constitution, the existence of which had not at first been certain.

2

It is immediately apparent that the draft constitution is less a revision of the 1954 Constitution,3 which officially is still in force, than it is a re-writing, for the length of the two documents varies greatly. The 1954 Constitution contains 106

1 Draft of the Revised Constitution of the People's Republic of China, "Background on China," B. 70-81, November 4, 1970. The Chinese text of the draft constitution appears in Chung yang jih pao [Central Daily News]. November 5, 1970.

Preamble to the Draft of the Revised Constitution of the People's Republic of China, "Background on China," B. 71-23, April 26, 1971.

3 "Constitution of the People's Republic of China," Peking: Foreign Languages Press, 1954.

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articles in four chapters plus a preamble; the draft contains only 30 articles in four chapters plus a preamble. Many features of the draft reflect and formalize changes effected during the Cultural Revolution. Other features merely make explicit conditions whose reality had been masked by the paper provisions of the 1954 Constitution.

The major theme of the draft constitution is aggrandizement of the power of Mao Tse-tung, the Chinese Communist Party, and the People's Liberation Army at the expense of the power of the state structure (the State Council, and the National People's Congress and its Standing Committee).

The draft constitution and its preamble bluntly place Mao Tse-tung in a commanding position in the People's Republic of China without benefit of electoral process. His name is mentioned seven times in the preamble, and Article 2 proclaims:

"Chairman Mao Tse-tung is the great leader of the people of all nationalities in the entire country, the Chief of State of the proletarian dictatorship of our country, and the supreme commander of the whole nation and the whole Army. Vice Chairman Lin Piao is Chairman Mao's close comrade-in-arms and successor, and the deputy supreme commander of the whole nation and the whole Army. Mao Tse-tung's thought is the guiding direction of all the work of the people of the whole nation."

Although the draft leaves it unclear as to whether these titles designate formal offices, Mao in the above article is given three titles: "great leader of the people of all nationalities in the entire country, the Chief of State of the proletarian dictatorship of our country, and the supreme commander of the whole nation and the whole Army." The powers of these positions are left unstated, but it is to be assumed that the scope of Mao's power, especially since he is also the Chairman of the Chinese Communist Party, is virtually unlimited. It is significant that Lin Piao is named as Mao's deputy and successor, for it was the power of the People's Liberation Army which Lin headed that gave weight to Mao's bid for supremacy during the struggles of the Cultural Revolution. The draft constitution thus represents Mao's attempt to insure that the People's Republic of China will continue in the path which he has mapped out. Instability is built into the document, however, for it would have to be revised or re-written after the deaths of Mao and Lin or should Lin's death precede that of Mao.

The Chinese Communist Party (CCP) is mentioned only twice in the 1954 document, both times in the preamble, where the CCP is referred to as having led the Chinese people in their struggle against imperialism, feudalism and bureaucratic-capitalism, and as being the leader of the people's democratic united front. In the draft constitution and its preamble, however, the CCP is mentioned no less than nine times, and these references to the CCP occur at strategic points, giving it great explicit power over the state structure and the army. References to the CCP in the body of the Constitution read as follows:

"Article 1.-The People's Republic of China is a socialist state of proletarian dictatorship led by the working class (through the Chinese Communist Party) and based on the alliance of workers and peasants.

"Article 15.—The People's Liberation Army and the militia of China are the children of workers and peasants under the leadership of the Communist Party of China.

"Article 16.-The National People's Congress is the highest organ of state power under the leadership of the Communist Party of China.

"Article 17.-The functions and powers of the National People's Congress are: to amend the Constitution, to make laws, to appoint and remove the premier of the State Council upon recommendation by the Central Committee of the Communist Party of China.

"Article 26.-The most fundamental rights and duties of citizens are: to support Chairman Mao Tse-tung and his close comrade-in-arms, Vice Chairman Lin Piao, to support the leadership of the Communist Party of China

In contrast to and as a result of the aggrandizement of the explicit powers of the CCP, the specified powers of the National People's Congress are reduced in the draft constitution. In its Article 27, the 1954 document enumerates 14 functions and powers belonging to the National People's Congress, including such crucial powers as supervising the enforcement of the Constitution, electing the Chairman and Vice-Chairman of the People's Republic of China, deciding on the choice of the Premier of the State Council upon the recommendation of the Chairman of the Republic, and electing the President of the Supreme People's Court and the Chief Procurator of the Supreme People's Procuratorate.